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LSK NOW DEMANDS THAT DPP DROPS CHARGES AGAINST MOMBASA MAGISTRATE.

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BY SAM ALFAN.

Law Society of Kenya has demanded the immediate withdrawal of charges preferred against Mombasa Principal Magistrate Kagoni Matsingulu.

The lawyers’ umbrella body said in a statement the Director of Public Prosecution Noordin Haji should withdraw the charges unconditionally. Through its President Allen Gichuhi, LSK said if need be, they would lodge a complaint on the matter through constitutionally mandated bodies charged with handling matters of such nature.

LSK further said the action taken by the DPP to prosecute a judicial officer while exercising their judicial function, by directing that exhibits be stored by judiciary, is ultra-vires, unconstitutional and threat to judicial independence.

Article 160 of the constitution state that, a member of the judiciary is not liable in any action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

The society further reiterated that the extent that the charge seek to challenge the decision of the magistrate with respect to storage of the exhibits remains unconstitutional.

LSK also noted the disregard of court orders issued yesterday by the High Court in Mombasa, directing the release of the embattled magistrate on a cash bail of 100,000 pending hearing and determination of a petition filed on his behalf.

“The action portrays the office of Director of Public Prosecutions in a negative lights and sets a dangerous precedent. It also places unnecessary hurdles to our members in their discharge of professional duties as it hampers their efforts to obtain immediate compliance to the court orders”, added Gichuhi.

ATTEMPT TO CHARGE MAGISTRATE IS ATTACK ON INDEPENDENCE OF JUDICIARY BY DPP, KMJA SAYS.

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Director of Public Prosecution Noordin and Kenya Judges and Magistrates Association Secretary General Derrick Kutto.

A weak and not so independent Judiciary is a recipe for disaster and Kenyans know this too well.
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In conclusion, disobedience of court orders, disregard of the rule of law and criminalization of judicial function should be frowned upon by all.

BY SAM ALFAN.

Kenya Judges and Magistrate association has condemn mistreatment, harassment and abuse of Constitutional rights of embattled Mombasa Principal Magistrate Kagoni Matsigulu.

Through the association Secretary General Derrick Kutto, they say attempted prosecution of their learned colleague is a brazen attack on the decisional independence of the judiciary and judicial officers by the Office of the Director of Public Prosecutions (DPP).

“This amounts to criminalisation of judicial work. We find this to amount to intimidation of members of the bench by the DPP and the police”, said Kutto.

He added DPP move is meant to distract it members from the hardwork and dedication that they put in each passing day in their quest to do justice to “Wanjiku” and further uphold the rule of law.

The association further added that Kenya is governed by the rule of Law and urged all entities to respect the law and be guided by the Constitution.

“Shoving our brother from one police station to another as if he is a hardcore criminal is unfortunate. We hasten to add that these unfortunate attacks attributed to the aforementioned offices are not new”, added SG Kutto.

KMJA reiterated that they will continue protecting the independence of its members to make sure that the judiciary continues delivering its mandate which is integral to our democratic governmental system. It is the right of all Kenyans to have a judiciary that is not cowed from settling disputes independently and in accordance with the rule of law.

The association said there is a bad narrative to paint Judges and Magistrates in bad light. They urged Law Society of Kenya, other organizations and Kenyans of good to support the independence of the Judiciary.

yesterday high court ordered immediate release of the Principal Magistrate Kagoni Edgar Matsigulu pending hearing and determination of the case.

The judge also released the magistrate on a bond of 100,000 or a cash bail of 20,000. The amount should be deposited with court registrar.

Mombasa high Court Judge Reuben Nyakundi also ordered Edgar not to be charged with any criminal charges.

RELIEF FOR MAGISTRATE IN DRUG CASE AS HIGH COURT ORDERS HIS IMMEDIATE RELEASE.

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Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

BY SAM ALFAN.

It is a reprieve for Mombasa Principal Magistrate Kagoni Edgar Matsigulu in drug case.

This is after High Court ordered immediate release of the Principal Magistrate Kagoni Edgar Matsigulu pending hearing and determination of the case.

The judge also released the magistrate on a bond of 100,000 or a cash bail of 20,000. The amount should be deposited with court registrar.

Mombasa high Court Judge Reuben Nyakundi also ordered Edgar not to be charged with any criminal charges.

The judge also ruled that Edgar should not be charged with criminal proceedings based on recommendation of the Director of Criminal Investigations George KINOTI to DPP Noordin Haji.

“Plea shall not be taken and criminal proceedings shall not be undertaken nor progressed with based on the recommendation of the DCI to DPP to charge Magistrate Edgar and the consequential decision of the DPP contained in the press statement dated on September 7,2019 to charge Kagoni Edgar with obstruction of justice c/s 117 of penal code, aiding the commission of an offence c/s 8(c) of the Narcotic drugs and psychotropic substance control Act or any other charge that may be founded on the facts of the Edgar’s conduct as a judicial officer in Mombasa Chief Magistrate court criminal case number 468 of 2018′, ordered the judge.

Kenya Judges and Magistrate Association Secretary General Derrick Kutto welcomed the high court court decision.

“I welcome the decision by the High Court to stop the attempted malicious prosecution of hon Kagoni, Principal Magistrate, after KMJA moved to court. The brazen attack on the decisional independence of the Judiciary and judicial officers, by the DPP, is overwhelming. KMJA will continue protecting the independence of its members. We believe in the rule of law”, said SG Kutto.

Kenya Judges and Magistrate Association Secretary General Derrick Kutto welcomed the high court court decision.
“I welcome the decision by the High Court to stop the attempted malicious prosecution of hon Kagoni, Principal Magistrate, after KMJA moved to court. The brazen attack on the decisional independence of the Judiciary and judicial officers, by the DPP, is overwhelming. KMJA will continue protecting the independence of its members. We believe in the rule of law”, said SG Kutto.

This is after Kenya Judges and Magistrates Association filed a case seeking to block Director of public prosecution from charging Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

The association through lawyer Danstan Omari and Shadrack Wambui wants the court to issue a conservatory order restraining DPP from charging the magistrate pending hearing and determination of the application.

Under certificate of urgency, the association also seek orders to stop Mombasa Principal Magistrate Edgar from taking plea in any criminal court until the case is determined.

The association argue that unless the court moves with speed and stop arraignment and charging of Magistrate Edgar on the basis of the DPP’s spurious allegations , the independence of Judges and Magistrates and all other judicial officers will be threatened by the DPP.

Article 160 (5) state that, A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

KMJA true that they are concerned by threat to liberty of one of it members magistrate Edgar who is a judicial officer serving as a Principal Magistrate at Mombasa Law court.

But between June 28 and July 26, the said exhibit of 10.002kg heroin which the embattled magistrate had ordered to be kept under lock and key in the exhibit tore was reported missing.

“The sudden disappearance of the exhibits, the Mombasa Law Court chief magistrate Makori filed a complaint and requested Directorate of Criminal Investigation to institute investigations in order to establish the person culpable “, KMJA claim in the court documents.

Last week Director of criminal investigation released a press statement as inquiry into allegations of theft and reckless handling of approximately 10.002kg of heroin valued 30,066,000 million and various foreign currency valued over 600,000 kept as exhibit at Mombasa law chief magistrate.

KMJA SEEKS TO BLOCK MOMBASA MAGISTRATE EDGAR PROSECUTION.

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Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

SAM ALFAN.

Kenya Judges and Magistrates Association has filed a case seeking to block Director of public prosecution from charging Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

The association through lawyer Danstan Omari and Shadrack Wambui wants the court to issue a conservatory order restraining DPP from charging the magistrate pending hearing and determination of the application.

Under certificate of urgency, the association also seek orders to stop Mombasa Principal Magistrate Edgar from taking plea in any criminal court until the case is determined.

The association argue that unless the court moves with speed and stop arraignment and charging of Magistrate Edgar on the basis of the DPP’s spurious allegations , the independence of Judges and Magistrates and all other judicial officers will be threatened by the DPP.

Article 160 (5) state that, A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

KMJA true that they are concerned by threat to liberty of one of it members magistrate Edgar who is a judicial officer serving as a Principal Magistrate at Mombasa Law court.

Edgar is expected to be charged alongside court clerk Onesmus Miranda Momanyi, Abdalla Abubakar in charge of exhibits and a support staff Lawrence Thoya Bayan with conspiracy to defeat and interference with witnesses and stealing by person in public service.

The association argue that, the criminal charges against their colleague arise out of his orders or exercise of judicial authority in a criminal case no. 468 of 2018 republic vs Hussein Madison Eid and two others where the said accused person were charged with trafficking of 10.002 kilograms of heroin.

The magistrate on June 11 this year convicted Hussein Eid for trafficking narcotic drugs and sentenced him to 30 years imprisonment and in addition fined him 90 million. He further ordered the money amounting to 600,000 found in possession of the convict at the time of arrest be returned to him.

But between June 28 and July 26, the said exhibit of 10.002kg heroin which the embattled magistrate had ordered to be kept under lock and key in the exhibit tore was reported missing.

“The sudden disappearance of the exhibits, the Mombasa Law Court chief magistrate Makori filed a complaint and requested Directorate of Criminal Investigation to institute investigations in order to establish the person culpable “, KMJA claim in the court documents.

Last week Director of criminal investigation released a press statement as inquiry into allegations of theft and reckless handling of approximately 10.002kg of heroin valued 30,066,000 million and various foreign currency valued over 600,000 kept as exhibit at Mombasa law chief magistrate.

COURT DETAINS SIX G4S OFFICIALS FOR 7 DAYS OVER DISAPPEARANCE OF 72 MILLION FROM CITY BANK.

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Six G4S officials Musa Rajab, Abraham Mwangi Njoroge, Ascar Kemunto , Wilfred Nyambane, Nathan Njiiru and Danmark Magembe before Nairobi Court on Friday September 6,2019./PHOTO BY S.A.N.
BY SAM ALFAN.

Six G4S officials have been detained for seven days to allow police complete investigation over alleged disappearance of 72 million from Standard Chartered Bank (K) limited Nairobi West.

Milimani Chief Magistrate Martha Mutuku allowed the detectives to detain Musa Rajab, Abraham Mwangi Njoroge, Ascar Kemunto , Wilfred Nyambane, Nathan Njiiru and Danmark Magembe at Langata Police station pending investigation.

Constable Joseph Ngeno attached to DCI Langata police told the court that on September 5, 2019 G4S personnel who were assigned ATM restocking duties , left their Headquarters off Witu road with cash on transit Van containing 72 million.

The said money was destined to ATM restocking withon Nairobi and they were accompanied with three administration police officers designated to escort the said cash.

“At about 6.05 a.m the said officers turned to be robbers and they turned against the five taking all money in Transit and bundled and bundled the six into Nairobi West Standard chartered (K) limited ATM room and left with cash”, said Ngeno.

The gun rubbers left with the robbed money and disappeared and the robbery was reported at Nairobi West Police post.

Police told the court they need to further scrutiny of the CCTV footage from standard Chartered Bank (K) Headquarters since there is high likelihood that the six will interfere with investigations and evidence.

The officer further said that other accomplices are still at large and they are yet to receive call data of the suspects mobile phones to ascertain the relationships between the six and other key accessories in this heinous crime of robbery with violence.

” The six face daunting criminal charges should there be sufficient evidence adduced in their and it is prudent to establish the truth of the allegations.

DNA RESULTS CONFIRM KEN OKOTH SIRED NOMINATED MCA’S SON.

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City lawyer Danstan Omari with Elkana Mogaka for Nominated Nairobi County Assembly Member Ann Thumbi before Milimani Commercial Court after filing DNA results on Thursday September 5,2019./PHOTO BY S.A.N.

BY SAM ALFAN

DNA results have proved that the late Kibra MP Ken Okoth is the father of MCA Ann Muthoni Thumbi’s son.

The three year old minor was subjected to the test after his mother moved to court through lawyer Danstan Omari and Elkana Mogaka seeking to be included in the funeral and burial arrangements of the late MP.

Lawyer Omari speaking outside Milimani Court commercial building said three samples from three local and international labs were taken and tested.

KEMRI confirmed that the chances of Okoth being the father of Thumbi’s son were 99.99+ per cent.

Muthoni had argued that Okoth’s falimy had refused to let her and her son participate in the send off.

She asked the court to stop the cremation of the late MP so that the DNA test could be conducted.

However, through their lawyers Danstan Omari representing the MCA and Edwin Sifuna who represented Okoth’s mother, the parties reached an agreement and decided to take DNA samples from the deceased for testing and continue with the cremation.

The court also allowed her and her son to be part of the funeral arrangements.

Okoth died in July after a two year battle with cancer while serving his second term as Kibra MP.

WIFE OF MISSING TYCOON CHALLENGES DETENTION ORDER.

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Missing Dutch Kenyan based businessman wife Sarah Wairimo Kamotho before a high Court where she filed application seeking to review magistrate order to detain her for fourteen days pending investigations on Thursday September 5,2019/PHOTO BY S.A.N.

BY SAM ALFAN.

The Director of Criminal Investigation George Kinoti  has urged the court to dismiss the application by Sarah Wairimo Kamotho, the wife of the missing Kenyan based  Dutch businessman, who has  challenged orders granted by a Kiambu magistrate detaining her for 14 days.

The DCI through Senior Assistant Prosecutor Alexander Muteti said that Wairimu is likely to interfere with witnesses, some of whom she had coached on what information to give to the police.

In his affidavit, detective Maxwell Otieno asked the court to uphold the ruling of the trial Magistrate since no grounds have been advanced to warrant the disturbance of the exercise of the discretion of the Magistrate.

According to the police, it is highly probable that the missing Tob Cohen might have been kidnapped from his residence in Nairobi and taken by Wairimu and associates to an unknown place. The police suspect that the kidnap may probably turn to be murder.

Cohen has been missing since July 19, 2019 and his phone has since been unreachable.

His wife filed the case before the High Court seeking to review the orders to detain her for 12 days.

Wairimu who arrested in connection to the disappearance of her husband was detained on 2nd September by Kiambu Law Courts Chief Magistrate to allow police to complete investigations.

She argued that her arrest and arraignment in court without a charge or holding charge is in breach of her fundamental right to liberty and freedom.

Through her lawyer Eva Mbula, Wairimu says that the learned Magistrate misdirected herself in finding that there sufficient grounds on which she should be remanded for 12 working days without justifiable reasons.

“Without prima facie evidence of the nature of the purported offence for which the applicant has been arrested, she has been ordered detained for 12 days without justifiable cause and in contravention of her constitutional right to liberty,” states Mbula.

The court heard that the learned Magistrate misapprehended and/or failed to appreciate the law applicable for applications of custodial orders.

She accuses the police of failing to provide the information they hold, which she requires for the exercise or protection of her fundamental rights to freedom and liberty by failing to inform her of the charges or purpose of her arrest with sufficient details to enable her answer it.

“Rather than inform the applicant of the charge and/or purpose of her arrest to enable her answer it, the respondent has resorted to ‘leaking’ information to the media,” her lawyer said.

RUNDA HOME LAND WAS BOUGHT USING PROCEEDS FROM MY MOTHER PROPERTY, KITTANY TELLS COURT.

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Meru Senator wife MaryAnne Kittany testifying before a Nairobi Court in a case she is seeking a divorce from Linturi on Wednesday September 4,2019/PHOTO BY S.A.N.

BY SAM ALFAN.

Estranged wife of Meru Senator Mithika Linturi, Marianne Kitany has told a Nairobi court that the land where their Runda home sits was bought with money from her mother property.

Kitany told Chief Magistrate Peter Gesora that the land was bought at Sh38.7 million using Atticon Company.

“This company Atticon resources came from a facility that had been taken from family bank using properties and titles from my mother”, added Kittany.

While responding a question from Lawyer Danstan Omari, She said the property was sold by Kings Commodities company which was paid 38.700 million.

“The land in Runda was bought through company monies and those company monies had been acquired through a facility taken to the bank with titles belonging to my parents”, said Kittany.

She urged the court to grant her divorce from Mithika Linturi who she said they married in 2016 under Nandi customary law.

Kittany told the court that she was married under Nandi customary law and not Meru customary law.

At the same time, the two agreed to bar media from livestreaming the proceedings. However, the two said the media can cover the case as it unravels.

Linturi’s lawyer Muthomi Thiankolu said that this was the decision of the parties adding that anyone aggrieved should direct their anger to them and not the court.

Gesora adopted the consensus and allowed the media to continue covering the proceedings without streaming it live.

“Hearing a divorce matter in the media may unsettle some people but that is the digital era,” lawyer Danstan Omari representing Kitany said.

This was after the re-examination of Kitany who has finished testifying.

Kitany told the court that Linturi’ family, including his parents, siblings, cousins, among others did not attend their marriage ceremony.

However she responded by saying that she was married under the Nandi customary law and it is not a requirements for relatives to attend.

She told the court that she got the money to build the two houses in Meru from money she had been saving over the years.

“By the time I was done with my first degree I had already made millions and before leaving the the office of the Deputy President where I was employed in 2013, I had a substantial amount of money,” she testified.

She also refuted claims that she lured the Senator to Sapa Lodge in 2014 to have some good time in order to make sure he was not present in Parliament during the motion to oust Waiguru.

“We went as two consensual adults. Willing seller willing buyer situation if I may put it,” Kitany said sarcastically.

Linturi’s lawyers Prof George Wajackoya and Muthomi objected Kitany answering questions she had refused to answer during cross-exanimation.

At some point, prof Wajackoya applied Kitany to be taken for psychiatrist examination and be subjected to a lie defector test.

However the Magistrate ruled that it has not gotten to that point since the court has not noted any reaction or behavior to warrant such drastic measures.

She told the court that she does not suffer from any health of mental condition.

Kitany said that she agreed to be married as a fourth wife to Linturi because of love and trust.

Further hearing will be on September 24 when the second witness after Kittany will be testifying.

JUDGE WARNS ABOUT ARRESTS REVERSING GAINS IN ADVANCEMENT OF HUMAN RIGHTS.

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High Court Criminal Division Judge Justice Luka Kimaru.

BY SAM ALFAN.

The arrest and detention of State House official Dennis Itumbi and that of blogger Robert Alai among other arrests continues to expose the tricks employed by the police to punish suspects before they are formally charged.

The tricks are mostly through miscellaneous application which police seek to detain suspects up to 30 days or more pending conclusions of investigations.

But last year, a Judge ruled that it is unlawful for the police to seek to have a person who has been arrested to continue to remain in custody without a formal charge being laid in court.

“If this trend continues, it will erode all the gains made in the advancement of human rights and fundamental freedoms as provided for in the Bill of Rights since the Constitution was promulgated in August 2010,” Justice Luka Kimaru said.

And in a recent decision, Justice Kimaru said the prosecution must fulfill the requirements of Section 36A(3) and (5) of the Criminal Procedure Code, which include convincing the court that the offence being investigated is of such a serious nature that it will necessitate the holding of the arrested person in custody.

In both cases, the Directorate of Criminal Investigations had sought to detain the suspects for several days as they conclude investigations. Among the reasons sought is the need to go through their call data records.

City lawyer Danstan Omari welcomed the ruling saying Kenyan constitution envisages complete investigation before arrest and arraignment in court.

“Today suspects are arrested brought to court then detained then investigators commended investigation that is meant to look for anything to charge a person. Legally it’s an abuse of article 157 sub article 11 where the DPP should act in the public good. Many who have been arraigned the state has later withdrawn the allegations and closed the files. Who will compensate them?”, said lawyer Omari.

He added that this constitutes to malicious prosecutions.

Lawyer Omari said that miscellaneous applications is a way to remove public officers from offices. Because courts are granting cash bail to suspects on the spot the only way to ensure the are put to humiliation is to use that approach.

“Miscellaneous application is a new tool that replaced the infamous detention without trial of the Moi era”, added Omari.

Alai has already been charged with among other offences, treachery while in Itumbi’s case, the police intend to charge him with making a false document without authority.

The court was told that the investigators needed to go through his call data records and also summon all 256 members of a whatsapp group known as Tangatanga movement.

The law says if a police officer has reasonable grounds to believe that the detention of a person arrested beyond the 24 hour period is necessary, he shall- produce the suspect before a court; and apply in writing to the court for an extension of time for holding the suspect in custody.

The said application must be supported by an affidavit and shall specify the nature of the offence.

Justice Kimaru observed that Article 49(1) of the
Constitution does not give the police a carte blanche to the police to arrest people for any other purpose other than in preparation to present them to court for the purpose of having them charged with a recognized offence.

While freeing some 40 suspects from Kenya Revenue Authority arrested over claims of aiding persons evade tax, Justice Kimaru said the reasons presented to court for the continued detention of an arrested person must be such that a reasonable man applying his mind to the particular facts reaches the conclusion that indeed there is justification in having them continued to be detained.

“The prosecution must also establish to the court that there are compelling reasons to believe that the suspect shall not appear for trial, may interfere with witnesses or the conduct of investigations, or commit an offence while on release,” he said.

The Judge explained that the term “reasonable ground to believe” used in Section 36A(2) of the Criminal Procedure Code has not been defined.

However, he said, the test “reasonable ground to believe” is different when a police officer is arresting a suspect from when the police officer is requesting the court to continue holding the arrested person in custody after his first production in court.

“The legal threshold when the police are effecting arrest is lower than when the police are seeking to continue holding the arrested person in custody,” he said.

The Judge released the KRA suspects stating that the information provided in the affidavit was generalized in nature and did not disclose the specific offence that is being investigated in respect of each applicant.

” It was evident that the Applicants were arrested before even the investigators had gathered sufficient prima facie evidence to link each applicant to the commission of a specific disclosed offence,” he said.

The Judge said he was not convinced that the reasons that the DCI advanced in a bid to secure the continued detention of the suspects applied to each applicant.

He said the impression he got was that the arrest of the was rushed even before investigations had concretized and the criminal culpability of each applicant established.

I WAS AT SOPA LODGE WITH LINTURI, KITTANY MAINTAINS.

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Estranged wife of Meru Senator MaryAnn Kittany and her husband Senator Mithika Linturi during their divorce proceedings at Milimani Commercial Court on Monday September 1,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Estranged wife of Meru Senator MaryAnn Kittany has told Chief Magistrate Peter Gesora that she entered into relationship with senator Mithika Linturi because i trusted him.

Kittany further told the court that matters of the heart cannot be questioned and relationship are about trust.

“Relationships are about trust and that is the key pillar, I trusted Linturi,” Ms Kitany said as she was being cross-examined by lawyer Muthomi Thiankolu.

She denied luring the senator into sexual escapades at Sopa Lodge with an aim of getting his properties. The jovial Kittany dismissed claims by Linturi’s lawyers that he has never been to Sopa Lodge in Naivasha.

While responding to Linturi lawyer, Kittany reiterated her earlier testimony that she was with Linturi at Sopa Lodge and they had been there severally even after that day.

“We were together at Sopa Lodge having quality time. We went back several times after that,” Kittany told the court.

She added that, they obtained the properties in question during the subsistence of marriage.

Kitany who dodged some questions saying that there are experts who will testify in the case, said that her witnesses from Meru who attended their traditional marriage in Nandi have been threatened by the lawmaker adding that Linturi stole her relative’s tittle deeds to secure loans with Family Bank.

“I will stick to my testimony, Linturi stole properties belonging to my relatives without my knowledge and forged signatures” Kittany said.

A jovial Kittany dressed in a maroon burgundy dress, accused the Meru senator of fraud by taking the documents without her permission and forging petition to show that he was in the process of divorcing his wife –Mercy Kaimenyi.

Among the witnesses that Kitany claims that they have been threatened include the master of ceremonies, who accompanied the Senator from Meru.

She was taken to task over claims that chewing of miraa signifies or constitutes to marriage but she stuck to her story saying the partaking of Mursik and chewing of miraa was part of cementing their union.

Kitany said the ceremony was initially planned for April 16, 2016 but Linturi asked it to be brought forward to fall on the Easter season and was thus held on March 26, 2016 at their Kapchemosin village in Nandi South.

On the issue of her wealth, she said that she earned her money, invested the money and bought pieces of land. She testified that after she was fired from the Deputy President’s office, she started working as a CEO at Atticon Limited adding that Linturi used to pay her “little money”.

Kittany told the senator lawyer she had made money prior to joining the office of the deputy president as chief of staff.

MarryAnn Kittany with his husband Mithika Linturi linturi during cross examination./PHOTO BY S.A.N.

Lawyer Muthomi for Linturi argued that engagement and marriage are not the same things, ruling out Kitany’s document showing the court an engagement invitation.

Muthomi said all documents on customary marriage shown by Kitany had different dates, hence showing inconsistency.

But Kittany told him that in Nandi culture Koitok both engagement and marriage are same thing.

The divorce proceedings will proceed on the fifth day tomorrow before Milimani Commercial Magistrate Court.